distinguish between a voetstoot clause and a dictum et promissum?
thanks
http://www.bing.com/search?q=voetstoots%C2%A0clause&FORM=EDGNNC
http://www.coursehero.com/file/p4n4h18/II-Dictum-et-promissum-There-are-five-types-of-statements-about-goods-a/
Voeststoots - buying the property as it is either with defects , the purchaser will not have any legal remedies if the Merx has latent defects unless the seller knew about it before and concealed it
Dictum et promissium - is a material statement made by the seller to a buyer during negotiations, bearing the quality if the red vendita...the seller and purchaser negotiate upon the buying of the merx according to its quality, defects n etc
A voetstoot clause and a dictum et promissum are both legal terms used in different jurisdictions. Here's the distinction between them:
1. Voetstoot Clause: This term is primarily used in South African law. It refers to a clause commonly found in contracts for the sale of movable property, such as vehicles or household items. The purpose of a voetstoot clause is to limit the seller's responsibility for defects in the property being sold. Essentially, it means that the buyer is purchasing the property "as is," with no guarantees or warranties from the seller regarding its condition. If any defects or problems are discovered after the sale, the buyer cannot hold the seller liable, except in specific circumstances outlined by law.
To understand more about voetstoot clauses, you can refer to the relevant laws and legal precedents in South African contract law, particularly in relation to the sale of movable property. Legal textbooks, online legal databases, or consulting with a lawyer specializing in South African law are good ways to delve deeper into this topic.
2. Dictum et Promissum: This Latin term is a concept found in Roman law and has influenced legal systems in various countries. Dictum et promissum refers to a legal principle wherein statements made in a contract are considered binding and enforceable, regardless of whether they are in the form of a promise or a mere declaration.
In modern legal systems, the distinction between a promise and a declaration may be essential to determine the binding nature of a statement within a contract. Depending on the jurisdiction, each legal system may have its interpretation and requirements for what constitutes a promise, a declaration, or a combination of both.
To understand more about dictum et promissum, you can study the principles of contract law in the specific jurisdiction you are interested in, paying attention to how promises and declarations are treated. Consultation with legal textbooks, legal experts, or research on relevant case law can provide further insights into this topic.
It's important to note that both concepts, voetstoot and dictum et promissum, are specific to certain legal systems and may not be applicable or recognized in other jurisdictions. Therefore, it is crucial to consult the relevant laws and legal authorities in the specific jurisdiction where these terms are applicable.